What's happening
Writing a plain-English summary… Track this bill to get it by email.
Why it matters
Albany, before your first meeting.
Every bill that moved yesterday, summarized in a sentence and ranked by impact. The Albany Scorecard follows on Sundays.
Free. Unsubscribe in one click. Want alerts on specific bills? Create an account.
Who cares
Headline styles
Sponsors
History
- Referred to children and families
- Referred to children and families
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
Title of bill
An act to amend the social services law, in relation to the defense and indemnification of foster parents
Purpose
The purpose of this bill is to retain and attract foster parents by providing legal defense and indemnification for liability incurred as a consequence of providing services as a foster parent.
Summary of provisions
Section 1 adds a new section 394 to the social services law, to require social service districts to defend foster parents when they are sued by, or on behalf of, a present or former foster child or their parent or guardian for injuries which occurred while the foster parent was acting within his or her duties. A foster parent would be entitled to his or her own counsel if the district determines that a conflict of interest exists. In such instances reasonable attorney's fees and expenses would be paid by the State. The State would not be required to pay for an injury or damage which resulted from gross negligence, intentional wrongdoing or recklessness on the part of the foster parent. Foster parents would be required to fully cooperate in their defense, and apply for any insurance reimbursement to which they are entitled. All payments would be audited and paid in the same manner as other public charges.
Section 2 amends subdivision (d) of section 17 of the Social Services Law, as amended by chapter 749 of the laws of 1989 by adding a report on operation of the foster parent defense and indemnification programs to the annual report submitted to the Governor and the Legislature.
Existing law
Currently, local social service districts are not required to defend nor indemnify foster parents.
Justification
Nationwide there is a crisis in the recruitment and retention of foster parents, leaving a greater number of children with no placement alternatives to institutional living. Foster parents are a valuable resource, providing an important service to the citizens of New York State. Foster parents have been unable to obtain liability coverage over and above homeowner's or renter's insurance for actions filed against them by the foster child, the child's parents, or legal guardian. Monthly payments made to foster parents are not sufficient to cover the cost of obtaining extended coverage, therefore putting their personal resources at risk.
The issue of liability insurance for foster parents has emerged throughout the country. As of 1999, 25 states have responded to the problem by either indemnifying their foster parents or purchasing insurance coverage. These states include: Arizona, Colorado, Delaware, Georgia, Hawaii, Idaho, Illinois, Iowa, Kentucky, Louisiana, Maryland, Minnesota, Missouri, Nebraska, Nevada, New Hampshire, New Jersey, North Dakota, Oklahoma, South Carolina, Vermont, Washington, West Virginia, Wisconsin, and Wyoming. There are currently two counties in New York State who provide liability insurance to their foster parents: Rensselaer and Suffolk counties.
Legislative history
2007: S.3157 - Died in Committee 2006: S.1301 - Died in Committee 1990: S.821B - Passed Senate, 59-0 1989: S.821A - Passed Senate, 59-0
Fiscal implications
To be determined.
Effective date
This act shall take effect on the first of January next succeeding the date on which it shall have become a law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.